S 10697: Bans the sale of certain devices which allow video streaming on the center console or infotainment center of a motor vehicle which are in view of the driver, and the use of such devices while a vehicle is in motion.

  
  STATE OF NEW YORK ________________________________________________________________________ 10697  IN SENATE September 11, 2026 ___________ Introduced by Sen. BYNOE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the general business law and the vehicle and traffic law, in relation to enacting the "vehicle streaming device ban" act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 392-l to read as follows: 3 § 392-l. Prohibit the sale of any device capable of allowing access 4 to streaming of video on the infotainment screen equipped to the center 5 console of such vehicle or any screen otherwise in direct view of the 6 driver of such vehicle while the vehicle is in motion. 1. For the 7 purposes of this section: 8 (a) "Streaming device" shall mean any device capable of allowing 9 access to streaming of video on the infotainment screen equipped to the 10 center console of such vehicle or any screen otherwise in direct view of 11 the driver of such vehicle while the vehicle is in motion. 12 (b) "Distributor" shall mean any person who delivers to a person other 13 than purchaser, for the purpose of retail sale. 14 (c) "Manufacturer" shall mean any person who makes and places into the 15 stream of commerce any device capable of allowing access to streaming of 16 video on the infotainment screen equipped to the center console of such 17 vehicle or any screen otherwise in direct view of the driver of such 18 vehicle while the vehicle is in motion. 19 (d) "Retailer" shall have the same meaning as set forth in subdivision 20 eleven of section four hundred ninety-a of this chapter. 21 (e) "Secondhand dealer" shall have the same meaning as set forth in 22 subdivision six of section four hundred ninety-a of this chapter. 23 (f) "Person" shall mean a natural person, firm, corporation, limited 24 liability company, association, or an employee or agent of a natural 25 person or an entity included in this definition. 26 2. No manufacturer, importer, distributor, wholesaler, retailer or 27 secondhand dealer shall sell, lease, offer for sale, or offer for lease 28 in this state any streaming device as defined in this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16349-04-6 
 S. 10697 2 1 3. (a) On or after the effective date of this section, no operator of 2 a motor vehicle shall utilize any streaming device, as defined in para- 3 graph (a) of subdivision one of this section, while the vehicle is in 4 motion. 5 (b) The commissioner of motor vehicles shall promulgate rules and 6 regulations to carry out the provisions of this subdivision, with 7 respect to the ban on the streaming devices under this section. 8 4. Whenever there shall be a violation of subdivision two of this 9 section an application may be made by the attorney general in the name 10 of the people of the state of New York to a court or justice having 11 jurisdiction by a special proceeding to issue an injunction, and upon 12 notice to the defendant of not less than five days, to enjoin and 13 restrain the continuance of such violations; and if it shall appear to 14 the satisfaction of the court or justice that the defendant has, in 15 fact, violated this section, an injunction may be issued by the court or 16 justice, enjoining and restraining any further violations, without 17 requiring proof that any person has, in fact, been injured or damaged 18 thereby. In any such proceeding, the court may make allowances to the 19 attorney general as provided in paragraph six of subdivision (a) of 20 section eighty-three hundred three of the civil practice law and rules, 21 and direct restitution. Whenever the court shall determine that a 22 violation of subdivision two of this section has occurred, the court may 23 impose a civil penalty of not more than five hundred dollars for each 24 violation. Each sale of a streaming device in violation of this section 25 shall constitute a separate violation. In connection with any such 26 proposed application, the attorney general is authorized to take proof 27 and make a determination of the relevant facts and to issue subpoenas in 28 accordance with the civil practice law and rules. 29 § 2. Paragraph (a) of subdivision 2 of section 1225-d of the vehicle 30 and traffic law, as amended by section 8 of part C of chapter 58 of the 31 laws of 2013, is amended to read as follows: 32 (a) "Portable electronic device" shall mean any [hand-held] handheld 33 mobile telephone, as defined by subdivision one of section twelve 34 hundred twenty-five-c of this article, personal digital assistant (PDA), 35 handheld device with mobile data access, laptop computer, pager, broad- 36 band personal communication device, two-way messaging device, electronic 37 game, [or] portable computing device, any device capable of allowing 38 access to streaming of video on the infotainment screen equipped to the 39 center console of such vehicle or any screen otherwise in direct view of 40 the driver of such vehicle while the vehicle is in motion, or any other 41 electronic device when used to input, write, send, receive, or read text 42 for present or future communication. 43 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 44 sion, section or part of this act shall be adjudged by any court of 45 competent jurisdiction to be invalid, such judgment shall not affect, 46 impair, or invalidate the remainder thereof, but shall be confined in 47 its operation to the clause, sentence, paragraph, subdivision, section 48 or part thereof directly involved in the controversy in which such judg- 49 ment shall have been rendered. It is hereby declared to be the intent of 50 the legislature that this act would have been enacted even if such 51 invalid provisions had not been included herein. 52 § 4. This act shall take effect immediately.